Mining Incidents

Jerry Keith Mc Peek; Eric Mc Peek: 127 MSHA citations controller

MSHA controller ID: 0040828

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Fatalities
0
Total incidents
1
Mines on record
1
Years on record
2009
Compliance record
MSHA citations since 2004
127
citations
59
significant & substantial
$11,329
proposed penalties
$11,254
paid to date
99% of proposed penalties paid to date, a $75 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
41
inspections on record
811
inspection hours
n/a
citations per 100 inspection hours
This rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.
Rate withheld: 811 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$11K
proposed penalties
$11K
current assessed
$11K
paid to date
$0
outstanding
127 assessments are final orders; 2 contested dockets.
Of $1K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2009-04-27.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.
Violation severity profile
Shares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.
46.5%
significant & substantial
1.6%
high negligence or reckless
47.2%
reasonably likely or greater
11.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.8% none, 11.0% low, 86.6% moderate, 1.6% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Health sampling
A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.

Respirable coal dust
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.

Last sampled: 2010-08-16, 16 years ago
97%
within 1.5 mg/m3
172
samples
1.83
dust max (mg/m3)
96 samples taken by MSHA inspectors, 76 by the operator.
Most-sampled occupations
  • CUTTING MACHINE OPERATOR61
  • ROOF BOLTER (SINGLE HEAD)17
  • SCOOP CAR OPERATOR16

Silica (quartz)

Last sampled: 2004-09-01, 21 years ago
6.5
silica avg (%)
12
samples
13.1
silica max (%)
Most-sampled occupations
  • CUTTING MACHINE OPERATOR6

Noise
The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.

Last sampled: 2010-08-16, 16 years ago
0%
over PEL
36
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR6
  • COAL DRILL OPERATOR5
  • ROOF BOLTER (SINGLE HEAD)5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
When citations were contested
Contesting a citation before the Federal Mine Safety and Health Review Commission is a lawful right. These figures state the public outcomes of that process, from MSHA's Contested Violations file.
14 citations taken to the federal commission · 11% of citations on record
  • Settled 13 · 93%
  • Stood as issued 1 · 7%
90%
S&S designation survived the contest
Counts a Significant & Substantial citation as surviving when a settlement or judge's decision kept the designation, or the contest was dismissed or defaulted so the citation stands as issued. Vacated and withdrawn citations, and settlements that removed the designation, count against.
of 10 decided S&S contests · industry: 79%
7%
Penalty reduction in decided contests
$1K proposed, $1K after decisions · industry: 39%
Source: MSHA Contested Violations file (public record), updated weekly. A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record. Latest contest filed 2005-09-21. Vacated and withdrawn citations are removed from the file this view attributes through, so that outcome is slightly undercounted here.
Contested penalties
A reduction or dismissal at the Commission is a lawful outcome of contesting a proposed penalty. Figures are the proposed amount and the amount upheld in the docket's decision.
Largest penalties this controller contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
KENT 2005-425 Settlement Lesnick 2006 $1K → $986
KENT 2005-341 Dismissal Lesnick 2005 $60 → $60
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2009
1

Operators under this controller

Mines on record

For insurers, brokers, and safety consultants

Where Jerry Keith Mc Peek; Eric Mc Peek stands on silica, penalties, and injury rate

MSHA's standard limits respirable silica to 50 micrograms per cubic metre, but MSHA publishes dust and quartz as separate files and never the silica figure itself. We derive it per sample, score it against the limit, and set the operator's injury rate against a benchmark built from the full MSHA operator record. With the 26-year penalty trail, contest posture, and fatality history. Delivered as a PDF with the underlying data as CSV.

The federal record itself stays free on this site. What costs money, and why.

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